Service Law

Ravikumar Dhansukhlal Maheta vs High Court Of Gujarat 2024 INSC 436 – Gujarat Judicial Service Rules – Merit cum Seniority & Seniority cum Merit

May 17, 2024 / By

Service Law – Principles of ‘Merit-cum-Seniority’ and ‘Seniority-cum-Merit’ summarized- The principle of ‘Seniority-cum-Merit’ postulates that: – i. Minimum requirement of merit and suitability which is necessary for the higher post can be prescribed for the purpose of promotion. ii. Comparative Assessment amongst the candidates is not required. iii. Seniority of a candidate is not a …

Ravikumar Dhansukhlal Maheta vs High Court Of Gujarat 2024 INSC 436 – Gujarat Judicial Service Rules – Merit cum Seniority & Seniority cum Merit Read More »

Sant Bhagwan Baba Shikshan Mandal vs Gunwant 2024 INSC 405 – Service Law

May 13, 2024 / By

Summary: Writ Petition filed by the respondent praying inter alia for being appointed to the post of Shikshan Sevak in the appellant School was allowed by the High Court and the appellants were directed to ensure that he is appointed to the subject post on or before 31st December, 2009, in accordance with law – …

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Shriram Manohar Bande vs Uktranti Mandal 2024 INSC 337 – Service Law – MEPS Act – Resignation

April 26, 2024 / By

Service Law– As per service jurisprudence, the employment is terminated from the date on which the letter of resignation is accepted by the appropriate authority. (Para 21) Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977; Section 7- Mere noncommunication of acceptance of resignation to the employee would not render the termination invalid- …

Shriram Manohar Bande vs Uktranti Mandal 2024 INSC 337 – Service Law – MEPS Act – Resignation Read More »

Vinod Kumar vs Union Of India 2024 INSC 332 – Service – Regularization – Umadevi Judgment

April 24, 2024 / By

Service Law – Regularization – Despite being appointed for what was termed a temporary or scheme-based engagement, the appellants have been continuously working in these positions from 1992 till the present, spanning a period exceeding 25 years- The Tribunal’s judgment negated the appellants’ plea for regularization and absorption into the posts of ‘Accounts Clerk’ against …

Vinod Kumar vs Union Of India 2024 INSC 332 – Service – Regularization – Umadevi Judgment Read More »

General Manager, Barsua Iron Ore Mines vs Vice President United Mines Mazdoor Union 2024 INSC 264 :: [2024] 4 S.C.R. 63 – Change Of Date Of Birth In Service Records

May 13, 2024 / By

Service Law- Change of date of birth in service records – (i) application for change of date of birth can only be as per the relevant provisions/regulations applicable; (ii) even if there is cogent evidence, the same cannot be claimed as a matter of right; (iii) application can be rejected on the ground of delay …

General Manager, Barsua Iron Ore Mines vs Vice President United Mines Mazdoor Union 2024 INSC 264 :: [2024] 4 S.C.R. 63 – Change Of Date Of Birth In Service Records Read More »

Sri Pubi Lombi vs State Of Arunachal Pradesh 2024 INSC 200 :: [2024] 3 S.C.R. 407 – Judicial Review Of Transfer Orders

April 4, 2024 / By

Constitution of India, 1950; Article 226 – Service Law – Transfer Orders – The scope of judicial review is only available when there is a clear violation of statutory provision or the transfer is persuaded by malafide, non-observation of executive instructions does not confer a legally enforceable right to an employee holding a transferable post- …

Sri Pubi Lombi vs State Of Arunachal Pradesh 2024 INSC 200 :: [2024] 3 S.C.R. 407 – Judicial Review Of Transfer Orders Read More »

Vidya K vs State Of Karnataka 2024 INSC 137 :: [2024] 2 S.C.R. 713- Service Law

March 18, 2024 / By

Service Law – Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service. Appointments to these posts are in the nature of ‘status’, which means that the service and its conditions can be unilaterally changed by the amendment of the Rules. The first duty …

Vidya K vs State Of Karnataka 2024 INSC 137 :: [2024] 2 S.C.R. 713- Service Law Read More »

Suman V Jain vs Marwadi Sammelan 2024 INSC 127 :: [2024] 2 S.C.R. 617-Service Law – Withdrawal Of Resignation

March 18, 2024 / By

Service Law – Withdrawal Of Resignation – In the absence of anything contrary in the provisions governing the terms and conditions of the office or post and in the absence of any legal contractual or constitutional bar, a prospective resignation can be withdrawn at any time before it becomes effective – the prospective or intending …

Suman V Jain vs Marwadi Sammelan 2024 INSC 127 :: [2024] 2 S.C.R. 617-Service Law – Withdrawal Of Resignation Read More »

Vinod Kanjibhai Bhagora vs State of Gujarat 2024 INSC 100 :: [2024] 2 S.C.R. 155 – Gujarat Civil Services (Pension) Rules

February 16, 2024 / By

Pension – Pension is earned by a government servant in lieu of tireless service rendered by him / her (as the case may be) during the course of their employment; and often is an important consideration for person(s) seeking government employment -Raison d’etre qua the grant of pension by the State Government would inextricably be …

Vinod Kanjibhai Bhagora vs State of Gujarat 2024 INSC 100 :: [2024] 2 S.C.R. 155 – Gujarat Civil Services (Pension) Rules Read More »

Director General, CSIR vs JK Prashar 2024 INSC 65 – Service Law

February 1, 2024 / By

Summary: HC reversed the promotion of some persons on the post of Under Secretary on the ground that their promotion was in violation of the Council of Scientific and Industrial Research Administrative Services (Recruitment & Promotion) Rules, 1982 – Appeal dismissed.